49D01-2204-MI-013657 Filed: 4/26/2022 10:07 AM

Clerk
Marion Superior Court 1 Marion County, Indiana

IN THE MARION COUNTY CIRCUIT/SUPERIOR COURT

CAUSE NO. ____________________

TODD ROKITA,
INDIANA ATTORNEY GENERAL

Petitioner,
v. VERIFIED PETITION
TO ENFORCE CIVIL
BLACK LIVES MATTER GLOBAL INVESTIGATIVE DEMAND
NETWORK FOUNDATION, INC.,

Respondent.

Attorney General Todd Rokita, by Deputy Attorney General Jacob M. Murray,

petitions the Court under Indiana Code § 4-6-3-6 for an order to enforce his Civil

Investigative Demand (“CID”) issued to Black Lives Matter Global Network

Foundation, Inc.

RESPONDENT

1. Respondent, Black Lives Matter Global Network Foundation, Inc., is a

Delaware Corporation with its principal office located in Los Angeles,

California.

LEGAL STANDARD

2. The Attorney General may issue a Civil Investigative Demand (“CID”) if he

has reasonable cause to believe the person to whom the CID is directed may

be in “possession, custody, or control of documentary material, or may have

knowledge of a fact that is relevant to an investigation” being conducted to

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 determine if a person or entity is in violation of a law enforced by the

Attorney General, including a violation of Ind. Code § 24-5-0.5. Ind. Code § 4-

6-3-3.

3. A CID issued under Ind. Code § 4-6-3-3 must contain the following: 1) “a

general description of the subject matter being investigated and a statement

of the applicable provisions of law;” and 2) “the date, time, and place at which

the person is to appear, answer written interrogatories, or produce

documentary material or other tangible items.” Ind. Code § 4-6-3-6(1) and (2).

4. If a person objects or refuses to comply with a CID, the Attorney General may

file a petition to enforce the CID in the circuit or superior court in the county

where the respondent maintains a principal place of business. Ind. Code § 4-

6-3-6(a).

5. In his petition to enforce compliance with a CID, the Attorney General must

demonstrate the CID is proper. Id.

6. The Indiana Supreme Court has stated the Attorney General has a burden,

“albeit a small one,” to demonstrate through his petition to enforce that his

issuance of a CID is proper. See, Nu-Sash of Indianapolis, Inc. v. Carter, 887

N.E.2d 92, 96 (2008). The Supreme Court specifically identified the Attorney

General’s burden as requiring him “to establish only that there is an

investigation and that there are reasonable grounds to believe that the

person to whom the CID is directed has information relevant to the

investigation.” Id. The Attorney General may establish there is “an

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 investigation and the respondent is reasonably believed to have relevant

information” by verified petition. Id.

7. If a court finds a CID was properly issued, the court shall order the

respondent to comply with the requests contained in the CID. Ind. Code § 4-

6-3-6(a)

8. If a court finds a party has “acted in bad faith in seeking or resisting the

demand,” the court may enter an order requiring the party acting in bad faith

to pay the opposing party’s expenses and attorney’s fees. Ind. Code § 4-6-3-

6(c).

FACTS

9. Black Lives Matter Global Network Foundation, Inc. (“BLMGNF”) is an out-

of-state nonprofit corporation with a stated purpose, “To eradicate white

supremacy and build local power to intervene in violence inflicted on black

communities by the state and vigilantes.”

10. In furtherance of their purpose, BLMGNF conducts various fundraising and

grantmaking activities, including providing millions of dollars in grants to

other organizations around the United States of America.

11. In 2022, the Attorney General’s Consumer Protection Division opened an

investigation into BLMGNF after the organization received nationwide news

coverage regarding the organization’s finances and potential misuse of

donated funds.

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12. In a 2020 Impact Report published by BLMGNF, the organization raised over

$90 million in 2020, while spending approximately $8.4 million in expenses.

In 2020, BLMGNF also distributed approximately $21.7 million to 30 local

organizations and affiliated chapters, including an affiliated chapter in South

Bend, Indiana.

13. Despite these published fundraising, expense, and grantmaking numbers, the

most recent IRS Form 990 filing for BLMGNF, for the tax period starting

January 1, 2020 and ending June 30, 2020, listed $0 in revenue, expenses

(including grants), and assets for the organization.

14. The Office of the Attorney General is currently conducting an investigation

into whether the actions of BLMGNF constitute a violation of the Indiana

Deceptive Consumer Sales Act, Ind. Code § 24-5-0.5-3(a), and/or the Indiana

Nonprofit Corporation Act, Ind. Code § 23-17-24-1. Specifically, the Office is

investigating whether BLMGNF committed unfair, deceptive, or abusive acts

by committing deceptive acts in connection with fundraising and consumer

transactions and/or misapplying corporate assets.

15. From an initial investigation conducted by the Attorney General, the

Attorney General has reason to believe BLMGNF may be in possession,

custody, or control of documentary material, and may have knowledge of facts

that are relevant to an investigation being conducted to determine whether

BLMGNF has violated the provisions of the Indiana Deceptive Consumer

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 Sales Act, Ind. Code § 24-5-0.5-3(a), and/or the Indiana Nonprofit Corporation

Act, Ind. Code § 23-17-24-1.

CID 22-008

16. On February 23, 2022, in furtherance of its investigation, the Attorney

General issued CID 22-008, containing interrogatories and requests for

production of documents, to BLMGNF. The Attorney General requested a

response to CID 22-008 by March 25, 2022. A true and accurate copy of CID

22-008 is attached and marked as Exhibit 1.

17. CID 22-008 was mailed to the attention of BLMGNF’s registered agent listed

with the Delaware Secretary of State, The Corporation Trust Company,

located at 1209 Orange Street, Wilmington, Delaware 19801.

18. The CID was sent by USPS certified mail and was confirmed delivered on

March 2, 2022.

19. Despite receiving CID 22-008 in March of 2022, BLMGNF has failed to

provide its response to the CID.

20. BLMGNF’s failure to provide a response to CID 22-008 is in bad faith.

PETITIONER’S ATTEMPTS TO OBTAIN RESPONSES TO THE CID

21. The Attorney General has unsuccessfully attempted to secure a response to

CID 22-008 through communications to BLMGNF.

22. On March 2, 2022, the Attorney General served CID 22-008 by certified mail

upon The Corporation Trust Company, BLMGNF’s registered agent

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 designated with the Delaware Secretary of State, at 1209 Orange Street,

Wilmington, Delaware 19801.

23. On April 7, 2022, counsel for the petitioner sent a deficiency letter to

BLMGNF through their registered agent, The Corporation Trust Company,

at 1209 Orange Street, Wilmington, Delaware 19801. The letter inquired

about BLMGNF’s overdue response to CID 22-008, requested the response be

sent to the Attorney General as soon as possible, and included contact

information for petitioner’s counsel.

24. On April 21, 2022, counsel for the petitioner sent an additional deficiency

letter to Elias Law Group, at 250 Massachusetts Avenue NW, Washington,

DC 20002. Elias Law Group is listed in the contact information for BLMGNF

in the most recent IRS Form 900 filing for BLMGNF. The letter identified

the petitioner’s prior attempts to secure a response to CID 22-008 and

inquired if anyone at Elias Law Group currently represented BLMGNF.

Subsequently, counsel for the petitioner also made follow-up email and

telephone requests to Elias Law Group.

25. As of the date of this Petition, BLMGNF has neither produced a response to

CID 22-008 nor made any attempt to contact the Attorney General regarding

the issued CID.

RELIEF

26. As the Attorney General has issued his CID 22-008 as part of his duties to

protect Indiana consumers by enforcing consumer protection law, the

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 Attorney General requests that the Court set this matter for hearing at the

Court's earliest convenience.

27. The Attorney General requests that the Court order Black Lives Matter

Global Network Foundation, Inc. to provide a full response to CID 22-008 by

answering fully and truthfully the interrogatories and requests for

production propounded in CID 22-008.

28. The Attorney General requests that the Court enter all other just and proper

relief should BLMGNF, Inc continue to fail to comply with the investigative

demand, including the following pursuant to Ind. Code 4-6-3-6.5(b):

a. An injunction restraining BLMGNF, Inc. from engaging in the

solicitation of fundraising in Indiana;
b. An order revoking or suspending the certificate of authority of
BLMGNF to do business in Indiana; and
c. Granting other relief as may be required, until BLMGNF fully
complies with the investigative demand.

I affirm, under the penalties for perjury, that the foregoing

representations are true.

Respectfully submitted,

Office of the Indiana Attorney General

Date: 4/26/2022 By: /s/ Jacob M. Murray

Jacob M. Murray
Deputy Attorney General
Atty. No. 34129-06

Office of Attorney General

Indiana Government Center South

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 302 West Washington St., 5th Floor
Indianapolis, IN 46204
Telephone: (317) 234-7104
Fax: (317) 233-4393
Jacob.Murray@atg.in.gov

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 CERTIFICATE OF SERVICE

The undersigned hereby certifies that a copy of the above Verified Petition to

Enforce Civil Investigative Demand was mailed by United States certified mail,

return service requested, this 26th day of April, 2022, to the following:

Black Lives Matter Global Network Foundation, Inc.

Attn: The Corporation Trust Company
Corporation Trust Center
1209 Orange Street
Wilmington, Delaware 19801

/s/ Jacob M. Murray

Jacob M. Murray
Deputy Attorney General
Attorney Number 34129-06

Office of Attorney General

Indiana Government Center South
302 West Washington St., 5th Floor
Indianapolis, IN 46204
Telephone: (317) 234-7104
Fax: (317) 233-4393
Jacob.Murray@atg.in.gov